Are you considering filing for divorce in Texas but unsure of your legal options? Divorce is a major life decision, and choosing the right grounds for divorce can impact the outcome of your case. In Texas, divorce laws allow for both “no-fault” and “fault” grounds, giving spouses flexibility depending on the circumstances of their marriage. Whether you’re in an uncontested divorce case in Houston or facing a contested divorce, understanding the legal grounds for ending a marriage is the first crucial step.
At Daniel Ogbeide Law, we recognize that divorce can be overwhelming, emotionally taxing, and filled with uncertainties. We work to simplify this process for you, providing experienced guidance in navigating the legal system.
Our affordable divorce attorneys in Houston offer compassionate yet effective solutions that are tailored to your unique needs. We help our clients in contested divorce cases, providing clear legal strategies while focusing on reducing the stress and complications often involved in such cases.
In this blog, we will break down the grounds for divorce in Texas, helping you identify the valid reasons for divorce in the state, both in fault and no-fault cases.
No-Fault Grounds for Divorce in Texas
A no-fault divorce allows either spouse to file for divorce without proving wrongdoing by the other spouse. The most commonly cited reason in these cases is insupportability, which is Texas’s version of “irreconcilable differences.” Essentially, insupportability means that the marriage has broken down beyond repair, and there is no reasonable hope of reconciliation.
Insupportability
Insupportability is the most common reason for divorce in Texas. It requires no proof of misconduct, making it a simpler and less contentious way to dissolve a marriage. If both parties agree that the marriage is over and cannot be fixed, this option is typically ideal for uncontested divorce cases in Houston, where the process can proceed quickly and with less conflict.
By choosing insupportability, you avoid lengthy legal battles over blame, which can save time, reduce costs, and preserve relationships, especially when children are involved.
Fault-Based Grounds for Divorce in Texas
In contrast to no-fault divorce, Texas also allows spouses to cite fault-based grounds. These grounds require evidence that one spouse’s misconduct led to the marriage breakdown. Proving fault can impact the outcome of the divorce, particularly in contested divorce cases, where fault may influence the division of assets, child custody arrangements, and spousal support.
Here are the fault-based grounds recognized in Texas:
1. Adultery
Adultery is one of the most commonly cited fault-based grounds. If one spouse can provide evidence that the other engaged in an extramarital affair, it can impact property division and spousal support. However, proving adultery typically requires more than just suspicion—it may involve presenting communication records, eyewitness testimony, or other forms of documentation.
2. Cruelty
Cruelty involves any form of physical or emotional abuse that makes the marriage insupportable. If a spouse’s cruel treatment causes harm to the other spouse, either mentally or physically, the affected spouse may use this as a ground for divorce. Domestic violence, verbal abuse, or other forms of mistreatment fall under this category. Establishing cruelty requires evidence such as police reports, medical records, or witness statements.
3. Felony Conviction
If one spouse has been convicted of a felony and imprisoned for at least one year, the other spouse can file for divorce based on the conviction. There are two exceptions to this rule: if the conviction was based on the testimony of the filing spouse, or if the spouse is later pardoned.
4. Abandonment
Abandonment occurs when one spouse leaves the other with the intention of permanently ending the relationship and stays away for at least one year. The abandoned spouse can file for divorce based on this ground, provided that the departure was voluntary and without mutual agreement.
5. Living Apart
In some cases, spouses may separate without officially filing for divorce. If they live apart without cohabitation for three years or more, either spouse can file for divorce based on this ground.
6. Confinement in a Mental Hospital
If a spouse has been confined to a mental hospital for at least three years, with no likelihood of recovery, this can serve as a ground for divorce. As with felony convictions, the other spouse is permitted to file for divorce due to the spouse’s mental incapacity.
Why Understanding Grounds for Divorce Matters
Understanding the grounds for divorce in Texas is essential for several reasons. It can determine the type of divorce you file, impact the outcome of your case, and influence how assets and responsibilities are divided.
Choosing the right grounds for divorce can significantly affect your future financial stability, custody arrangements, and emotional well-being. If you’re unsure which grounds apply to your situation, consulting an experienced divorce attorney is crucial.
Are You Facing Divorce? Here’s What You Can Do Next
Divorce is never easy, and the decisions you make early on can shape the rest of your life. If you’re considering filing for divorce, it’s important to understand your rights, responsibilities, and options. At Daniel Ogbeide Law, we specialize in both uncontested and contested divorce cases in Houston, guiding our clients through each step of the legal process.
Our affordable divorce attorneys in Houston offer personalized services aimed at achieving the best possible outcomes for your family, while our contested divorce lawyers in Houston, TX, are skilled in handling complex disputes and protecting your interests.
If you’re ready to discuss your case and explore the next steps, contact us today by calling 832-321-7005. Let us help you through this challenging time with the compassion and legal expertise you deserve.